Roles and Responsibilities

• Content last reviewed: May 2011
• Revised: May 2011
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Committees

What are the committee's principal functions?

The committee has four principal functions: to identify potential hazards, to evaluate these potential hazards, to recommend corrective action and to follow up on implemented recommendations. To carry out its functions, the committee is required to hold meetings [section 9(33)] and carry out regular inspections of the workplace [sections 9(26), 9(27) and 9(28)].

In some cases, committees must also participate in the development of assessment reports and control-program reports required under the designated substance regulation.

Generally speaking, however, all committee members should be available to receive employee concerns, complaints and recommendations; to discuss problems and recommend solutions; and to provide input into existing and proposed health and safety programs.

How often must workplace inspections be carried out?

Regular inspections help to identify hazards and prevent accidents.  The workplace must be inspected at least once a month, unless a different schedule of inspections is ordered by the Ministry of Labour [section 9(26)]. In cases where the workplace is too large or where parts are shut down on a seasonal basis, the committee should establish a monthly inspection schedule that ensures the entire workplace will be inspected at least once a year [section 9(27)].

Who carries out workplace inspections?

Committee members who represent workers must select someone in their group to inspect the workplace [section 9(23)].  If possible, this person should be a certified member [section 9(24)].  Where the committee has been established by an order of the Minister of Labour, under subsection 9(3.1), the committee members may designate a worker who is not on the committee to do the inspection. When a real or potential hazard is discovered, it must be reported to the committee [section 9(30)].

Do certified members have added responsibilities?

Because certified members receive special training in workplace health and safety, they are given added responsibilities. For example, certified employer and employee representatives can, under certain circumstances, act together and order the employer to stop work that is dangerous to a worker [section 45(4)].

Health and Safety Representatives

Does a health and safety representative have different responsibilities from a committee member?

Generally speaking, a health and safety representative has the same responsibilities and powers as a joint committee member. These include:

• identifying workplace hazards [section 8(10)];
• inspecting the workplace at least once a month [section 8(6)];
• being consulted about workplace testing [section 8(11)];
• making recommendations to the employer [section 8(10)]; and
• investigating work refusals [section 43(4)] and serious accidents [section 8(14)].

Employer

What are the employer's responsibilities regarding joint health and safety committees?

The employer must provide a location for meetings [section 25(2)(e)] and choose a committee member or members [section 9(9)].

Other employer responsibilities include informing the committee of any work-related accidents involving injury, death or occupational illness [section 52], and providing the committee with the results of any reports relating to health and safety in the workplace [section 25(2)(l)].

Must an employer act on committee recommendations?

The employer must provide a written response to committee recommendations within 21 days [section 9(20)]. If the recommendations are accepted, a timetable for action must be outlined and provided to the committee [section 9(21)]. If an employer decides against acting on the committee's recommendations, reasons must be given in writing [section 9(21)].

Ministry of Labour Inspectors

What is the role of Ministry of Labour inspectors?

Ministry of Labour inspectors uphold and enforce the Act. They inspect the workplace and investigate potentially hazardous situations, accidents and work refusals. An inspector may issue orders where there is a contravention of the Act, and may provide advice and mediation where there are disputes between workplace parties.

What contact will committee members and health and safety representatives have with the inspector?

A committee member or the health and safety representative must be offered a chance to accompany the inspector on all inspections and investigations [section 54(3)]. When orders are issued by the inspector, a copy of the orders should be given to the committee or representative [section 57(10)]. Inspectors are entitled to review the minutes of committee meetings [section 9(22)], and are expected to do so. Inspectors may attend committee meetings when invited by members.

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